Samaradiwakara Et Al V. De Saram Et Al.

[Privy Council.]

Present: Lord Shaw, Lord Mersey, Lord De Villiers,    July.21,1911
and Lord Robson.

SAMARADIWAKARA et al. v. DE SARAM et al.

D. C. Colombo, 26,602.

Joint will-Fidei commissum-Usufruct-Widow is " lawful heir."

The joint will of James Alwis and his wife Florence, who were married in community of property, provided that, in the event of the testatrix surviving the testator, certain properties should vest in the testatrix subject to the conditions, inter alia, that the testatrix should not have the power to sell or otherwise alienate the same, but should have a life interest therein. Upon the death of the survivor the property was to vest in Edwin Robert. Edwin Robert survived the testator, but predeceased the testatrix.

Held, that on the death of the testator the dominium of the properties passed to Edwin Robert, subject to a life interest in favour of the testatrix.

The joint will further provided that with respect to certain specified properties that they should not be sold, or in anywise alienated or encumbered, but that they should devolve respectively on the " lawful heirs " of the devisees.

Held, tha

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